HomeMy WebLinkAbout810830.tiff •
RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND OGILVY IRRI-
GATING AND LAND COMPANY CONCERNING SONNY VIEW ESTATES AND
AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, an agreement between Weld County and Ogilvy Irri-
gating and Land Company concerning Sonny View Estates , First
Filing, has been presented to the Board of County Commissioners
of Weld County, Colorado for approval, and
WHEREAS, said agreement sets forth the mutual rights and
obligations of the parties to the agreement concerning the con-
struction of curb, gutter, sidewalk and roadway in Sonny View
Estates, First Filing, and also concerns the furnishing of a
Letter of Credit, and
WHEREAS, the Board of County Commissioners has studied said
agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Agreement between
Weld County and Ogilvy Irrigating and Land Company concerning
Sonny View Estates be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
January, A.D. , 1981.
`7 BOARD OF COUNTY COMMISSIONERS
ATTEST: \M WELD COUNTY, COLORADO
Weld County Clerk and Recorder ° ,_ r
and
�CC((lerk to the Board lick Carlson, Chairman
@ U Deputy Co nt Clerk Norman Car son, Pro-Tem
AC/ ED AS TO FORM:
C. W. Kirby
County Attorney /., t
John Martin
e K. Ste nmark
810830
y,
_ / 2? ' DATE PRESENTED: JANURARY 12, 1981
A g ' . •
AGREEMENT
THIS AGREEMENT made and entered into this /474—day of
January, 1981 by and between THE COUNTY OF WELD, STATE OF
COLORADO, hereinafter referred to as "County" and OGILVY IRRI-
GATING AND LAND COMPANY, hereinafter referred to as "Developer. "
For and in consideration of the mutual covenants and agree-
ments hereinafter set forth, the parties hereto mutually agree
as follows:
1. Purpose.
The purpose of this Agreement is to set forth the
mutual rights and obligations of the parties hereto
regarding the construction of curb, gutter, sidewalk
and roadway by the Developer, adjacent to Lots 1, 2 ,
3, 40 and 41 of the amended plat of Sonny View
Estates, First Filing, a subdivision being a part
of the West Half of the Southwest Quarter of Section
24, and a part of the East Half of the Southwest Quar-
ter of Section 23, all in Township 6 North, Range 66
West of the 6th Principal Meridian, Weld County,
Colorado.
2. Letter of Credit.
Developer agrees to furnish to County a Letter of
Credit in favor of County which shall run from Octo-
ber 6, 1980 through October 6 , 1981. Said Letter of
Credit shall be irrevocable during said time period.
Subsequent to October 6 , 1981, County shall not require
a Letter of Credit to be on file with County unless
required by other terms of this Agreement.
3. Developer' s Obligations Upon Sale of Lots.
Upon the sale of any one or all of Lots 1, 2 , 3 , 40
or 41, the Developer shall immediately deposit with
the County a Letter of Credit which shall remain in
full force and effect for a period of two (2) years.
1
. 4 t• . • •
Said Letter of Credit shall be in an amount sufficient
(at then prevailing costs) to complete the construc-
tion of the aforesaid improvements adjacent to Lots
1, 2, 3 , 40 and 41 as reasonably determined by the
Welt' County Engineer. If, for any reason, the Developer
has failed to complete said construction six (6) months
prior to the expiration of the Letter of Credit deposited
pursuant to this Paragraph, Developer shall be required
to deposit another Letter of Credit effective for an
additional two (2) year term with the County in an
amount which is sufficient at the then prevailing cost
to complete said improvements. Said Letter of Credit
shall be effective on the expiration date of the original
Letter of Credit and shall be deposited with County at
least thirty (30) days prior to the expiration of the
original Letter of Credit required by this Paragraph.
4. Completion of Road Improvements.
Developer shall be required to complete the afore-
mentioned improvements within one (1) year of the
issuance of a building permit for any of the afore-
mentioned lots and nothing contained herein shall pre-
vent County from making said improvements itself and
cashing said Letter of Credit to pay therefor, should
Developer fail to complete said improvements within
said one (1) year period.
WHEREFORE, the parties hereto have hereunto set their hand
on the day and year first above written.
n ,.,..��yJ .{- BOARD OF COUNTY COMMISSIONERS
ATTEST: dtAt ` r .Ta/WAOA�. 4"-le WELD COUNTY, COL RADO
Weld County Clerk and Recorder By ((//(7 !/and Clerk to the Boa chuck Carlson, Chairman
By
e uty County lerk
OGILVY IRRIGATING AND LAND CO.
By: � ' 1 �
l
-2-
Hello